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Resolutions of Iftaa' Board

Resolution No.(78): “Ruling on Selling Gold Jewels for Native Gold of Unequal Weight“

Date Added : 02-11-2015

 

Resolution No.(78) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Selling Gold Jewels for  Native Gold of Unequal Weight“

Date: 27/4/1425 AH, corresponding to 16/6/2004 AD.

 

 

Question:

What is the ruling when a goldsmith offers gold jewels of a particular weight as a loan to a dealer of jewels in return for a particular wage, then the latter settles that loan by giving the former an equal amount of Native gold by installments, in addition to the agreed upon wage ?

Answer: All success is due to Allah.

The Board is of the view that it is permissible to sell formed gold for Native gold of unequal weight, considering the extra weight as a compensation for the workmanship, whether the sale was by cash or by installments (1) unless this gold was intended for its price, and this is the view adopted by Ibn Taymyah, Ibn Al-Qayiim, Alhasan, Ibrahim, Al-Sho`abi, Moaweiyah Bin Abi Sufian and Al-Hasan Al-Bassri.

Evidences supporting this view are as follows:

1- Formed  gold(final product)used for women`s ornament is classified, through the allowed workmanship, amongst the permitted manufactured items such as clothes and goods, and as it isn`t intended for its price and is set for trading, there is no harm in selling it for Native gold of an unequal weight.

2- Formed gold has an advantage over Native gold because of the workmanship; therefore, it is permissible to sell it for Native gold of unequal weight, where the difference in weight compensates for the workmanship.

3- Banning such a sale does harm to the interests of craftsmen, because this means that they stop producing golden ornaments as they receive nothing in return for their workmanship in case they sold these for an equal amount of Native gold.

4- Prophetic narrations prohibit selling gold for gold of unequal weight in case it was intended for its price, and this is mentioned in the Hadith narrated by Abu Hurairah: “Gold is to be paid for by gold with equal weight, like for like, and silver is to be paid for by silver with equal weight, like for like. He who made an addition to it or demanded an addition dealt in usury.” {Muslim}.This is because the reason behind prohibiting usury in gold and silver is intending their prices, so once they aren`t intended as such, it becomes permissible to sell gold for gold of equal weight, and the same applies to silver.

The prohibition also applies to using utensils made of gold or silver as well as wearing gold by men since the Prophet (PBUH) forbade such things.

Moreover, the prohibition extends to other items which aren`t made by man such as dates, for good and bad dates are the creation of Allah, so selling dates for dates of unequal weight is forbidden.

This is indicated in the Hadith narrated by Abu Saeid Alkhudari and Abu Hurairah (May Allah Be Pleased with them): “Allah's Messenger (PBUH) appointed somebody as a governor of Khaibar. That governor brought to him an excellent kind of dates (from Khaibar). The Prophet (PBUH) asked: "Are all the dates of Khaibar like this?" He replied: "By Allah, no, O Allah's Messenger (PBUH)! But we barter one Sa of this (type of dates) for two Sas of dates of ours and two Sas of it for three of ours." Allah's Messenger (PBUH) said: "Do not do so (as that is a kind of usury) but sell the mixed dates (of inferior quality) for money, and then buy good dates with that money." {Bukhari}.

Although the Board is of the view that such an act is permissible, it recommends avoiding  it, save when deemed necessary.

Note (1): The transaction mentioned in the above question contradicts the Prophet`s Hadith: “Don't sell gold for gold unless equal in weight “ {Bukhari&Muslim}.

This Hadith mentions gold in general; therefore, the questioner should first sell the formed gold for dinars, then buy the gold that he wants  in order to avoid usury as mentioned in the Hadith of Abu Sa'eed Al-Khudri. And Allah Knows Best.

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. Wasif Al-Bakhri
Dr. Abdulsalam  Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Moh. Abu Yahia
Sheikh Sae`id Hijjawi
Sheikh Abdulkareem Khasawneh

 

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Summarized Fatawaa

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

What are the benefits of slaughtering an Aqeeqah?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Extending thanks to Allah for His grace, expressing happiness for having a newborn, declaring lineage, and feeding the mother to compensate for the blood that she had lost during delivery.

Does burping (belching) break the fast?

Burping does not break the fast. However, if anything comes up from the stomach, the fasting person must spit it out and rinse their mouth to cleanse it.
If they swallow it intentionally while being able to expel it, or if they swallow their saliva before rinsing their mouth, their fast is invalidated.

Who is the "Capable Person" for whom the Udhiyah is recommended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

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